Old Bridge Township, New Jersey - March 27, 2000 Minutes

A Regular meeting of the Township Council of the Township of Old Bridge was held on March 27, 2000 in the Municipal Complex. The meeting was called to order at 8:04 p.m. by President Maher who invited all to participate in a salute to the flag followed by a short prayer.

Deputy Clerk, Stella Ward, announced that pursuant to Section 5 of the Open Public Meetings Act, this meeting has been advertised in the Home News and Tribune and that the next meeting of the Township Council will be held on April 3, 2000 at 7:00.

Roll call by Deputy Clerk Ward showed the following answering present: Councilmen Greene, Hoff, Redmond, Sohor, President Maher. Councilmen Butler, Cucchiara and Councilwoman Marinaccio were absent. Councilman Testino arrived at 8:07 p.m.

No. 152 Approval of Minutes.

RESOLUTION

BE IT RESOLVED by the Township Council of the Township of Old Bridge, County of Middlesex, New Jersey that:

the following minutes are hereby approved:

Combined/Executive - February 7, 2000
Workshop - February 15, 2000

Moved by Councilman Hoff, seconded by Councilman Redmond and so ordered on the following roll call vote:

AYES: Councilmen Hoff, Redmond, Sohor, President Maher.

NAYS: None.

ABSTAIN: Councilman Greene.

ABSENT: Councilmen Butler, Cucchiara, Testino, Councilwoman Marinaccio.

No. 153 Bill List

RESOLUTION

BE IT RESOLVED by the Township Council of the Township of Old Bridge, County of Middlesex, New Jersey that:

WHEREAS, the Business Administrator has the responsibility of approving all bills and vouchers subject to preaudit and control; and

WHEREAS, the Director of Finance is responsible for the preaudit, the disbursement of all monies and the control over all expenditures to ensure that the budget appropriations are not exceeded; and

WHEREAS, the Finance Committee of the Township Council has satisfied themselves in respect to the bill listing of March 27, 2000 that there exists a detailed bill or voucher supporting each payment and there is indication that goods or services have been received or rendered.

NOW, THEREFORE, BE IT RESOLVED by the Township Council of the Township of Old Bridge that the bill listing of March 27, 2000 as approved by the Business Administrator after preaudit and control by the Director of Finance and after review by the Finance Committee be spread on the minutes in the amount of $3,040,691.44 (Accounts Payable).

Moved by Councilman Hoff, seconded by Councilman Greene and so ordered on the following roll call vote:

AYES: Councilmen Greene, Hoff, Sohor, Redmond, President Maher.

NAYS: None.

ABSENT: Councilmen Butler, Cucchiara, Testino, Councilwoman Marinaccio.

No. 154 Bill List.

RESOLUTION

BE IT RESOLVED by the Township Council of the Township of Old Bridge, County of Middlesex, New Jersey that:

WHEREAS, the Business Administrator has the responsibility of approving all bills and vouchers subject to preaudit and control; and

WHEREAS, the Director of Finance is responsible for the preaudit, the disbursement of all monies and the control over all expenditures to ensure that the budget appropriations are not exceeded; and

Moved by Councilman Hoff, seconded by Councilman Greene and so ordered on the following roll call vote:

AYES: Councilmen Greene, Hoff, Redmond, Sohor, President Maher.

NAYS: None.

ABSENT: Councilmen Butler, Cucchiara, Testino, Councilwoman Marinaccio.

No. 155 Bill List. Denied

RESOLUTION

BE IT RESOLVED by the Township Council of the Township of Old Bridge, County of Middlesex, New Jersey that:

WHEREAS, the Business Administrator has the responsibility of approving all bills and vouchers subject to preaudit and control; and

WHEREAS, the Director of Finance is responsible for the preaudit, the disbursement of all monies and the control over all expenditures to ensure that the budget appropriations are not exceeded; and

Moved by Councilman Redmond, seconded by President Maher and so denied on the following roll call vote:

AYES: Councilmen Redmond, Testino.

NAYS: Councilmen Greene, Hoff, Sohor, President Maher.

ABSENT: Councilmen Butler, Cucchiara, Councilwoman Marinaccio.

Report of the Attorney.

Attorney Condon: Reported that he would be sitting in place of Mr. Ruggierio, who is on vacation.

Councilman Hoff: Have we had legal communication from the cable company?

Mr. Condon: I have had discussions with the cable company this week regarding the proposed agreement that we are working on with respect to the distribution of cable boxes and to rectify any channel reception problems resulting from the movement of the local access channels to new channel numbers.

Councilman Hoff: We have not received any written commitments of additional service that we have requested many times, i.e., to provide service to the outlying areas. Do we have an agreement to abide by our requests? That is of ultimate importance to me.

Mr. Condon: That is a subject which is part of the renewal of municipal consent discussion and a part of the ordinance that we are presently considering regarding the denial (of Cablevision franchise) that is on for this evening.

Councilman Hoff: Are they aware that we are having a second reading to deny their franchise tonight?

Mr. Condon: I believe that Mr. Wolfsohn of Cablevision is aware that this ordinance is on for second reading. I think he is also aware that we are scheduling a meeting with the cable committee to further consider this. I think that we have also considered tabling this in the event that we want to continue discussions with the cable company.

Councilman Hoff: I thank the attorney for his report.

Councilman Redmond: The memo in our packet about the Board of Public Utilities giving Cablevision permission to continue . . . please explain that process.

President Maher: There is a memo from the director of cable stating that they have been granted another sixty to ninety days extension.

Councilman Sohor: If a cable company has not had their franchise renewed, the Office of Cable Television is empowered to give them temporary extensions of their franchise pending a final resolution of the contract.

Councilman Hoff: Have the attorney review that memo before we discuss it.

Councilman Testino: Has the attorney had an opportunity to review the memorandum on the Open Space Referendum and will he assist the Open Space Committee and the Environmental Commission in their endeavors over the next few weeks to come up with a decision on that topic?

Mr. Condon: I have not seen that memo, but will take that up with Mr. Ruggierio at a later time.

Councilman Testino: I request to put on the next agenda a report from the attorney with respect to his help with these two committees and perhaps we can have a bi-partisan to see if that is something that the township can do.

Motion

to accept the Report of the Attorney made by Councilman Hoff, seconded by Councilman Testino and so ordered on the following roll call vote:

AYES: Councilmen Greene, Hoff, Redmond, Sohor, Testino, President Maher.

NAYS: None.

ABSENT: Councilmen Butler, Cucchiara, Councilwoman Marinaccio.

Report of the Clerk.

Deputy Clerk Ward announced that on Wednesday, March 29, 2000 a rabies clinic would be held at the public works building from 6:00 p.m. to 9:00 p.m.

Motion

to accept the Report of the Clerk made by Councilman Hoff, seconded by Councilman Testino and so ordered on the following roll call vote:

AYES: Councilmen Greene, Hoff, Redmond, Sohor, Testino, President Maher.

NAYS: None.

ABSENT: Councilmen Butler, Cucchiara, Councilwoman Marinaccio.

Proclamation /Certificates

1. Certificates of Recognition - World Cup Shooting Stars.

Mayor Cannon: There are four young ladies who are now national champions in cheerleading. We are happy to have had you represent Old Bridge. Certificates of Recognition were given to the following members of the World Cup Shooting Stars: Carly Thompson, Jackie Mancinelli, Jennifer Fisher, Jessica Newbury, and coaches Joelle Antico and Elaine Pascele.

NEA All Star National Champions - You are the best of the best in competition and have succeeded in becoming No. 1 in the country.

2. Proclamation Declaring April 1 through April 7 as Census 2000 Awareness Week.

3. Proclamation from Middlesex County Board of Chosen Freeholders asking that all Mayors of Middlesex County Proclaim the month of March as "Census Month".

4. Certificates of Recognition - Complete Count Committee (Acknowledging volunteers for the Old Bridge Complete Count Committee).

Mayor Cannon: There has been a real effort and a great job done by a group of our residents who have been talking to other residents of the town telling them about the census and the important of participation.

WHEREAS, the census is vital to our community in that it determines the apportionment of seats in the U.S. House of Representatives in the State Legislature and is the basis for the allocation of billions of dollars of Federal, State, County and Local funds for social and other programs; and

WHEREAS, the census is also used to help determine where to locate schools, day care centers, senior centers , hospitals and other facilities and is used to make decisions concerning business, growth and jobs; and

WHEREAS, census information is confidential and federal law prohibits any public or private agency from gaining access to individual census data; and

WHEREAS, in Old Bridge Township we are committed to a full and accurate Census 2000 count and are placing special emphasis in enumerating members of our population groups traditionally undercounted.

NOW, THEREFORE, I, Barbara L. Cannon and the Township Council of Old Bridge, Middlesex County, New Jersey, do hereby proclaim the week of April 1 through April 7 as Census 2000 Awareness Week in Old Bridge Township.

Mayor Cannon: I urge all of our residents to complete the census forms and return them to the Census Bureau. The resolution from the Board of Freeholders reads:

WHEREAS, the Middlesex County Board of Chosen Freeholders, Municipal Mayors and Civic Based Organizations, numerous other public organizations and private business rely heavily on census information; and

WHEREAS, it is essential that every citizen be counted by the census to ensure that we receive fair share of federal and state funding; and

WHEREAS, Middlesex County was undercounted in 1970, 1980 and 1990; and

WHEREAS, the Middlesex County Board of Chosen Freeholders wants to elevate to unprecedented levels their efforts to encourage our citizens to answer the census and increase the public awareness of the importance of the census in 2000; and

WHEREAS, beginning with the week of March 6 both the new and old county administration building lobbies will have a Census 2000 promotional display between now and April 15 and each department head will be asked to include in any public speaking engagement a promotional statement encouraging participation in the census.

NOW, THEREFORE, BE IT RESOLVED, that the Middlesex Board of Chosen Freeholders does hereby proclaim the month of March as Census Month.

Mayor Cannon: You can see how important every level of government thinks this is and because of our many post offices, we have had problems in the past. This is vital that we get accurate count by giving accurate data. That is why we have to encourage church and civic groups to encourage them to make sure that their members and anyone else participate in the census. We want to show our appreciation for a job well done.

This Certificate of Appreciation is presented to John Muir in recognition of your time and contributions to the Township of Old Bridge ensuring that we are counted in the Census 2000. You have accomplished a tremendous amount of work in a short time. Your civic pride and community spirit is evident and commendable.

Mr. Muir: I have many people to thank for their work on Census 2000. Our Indian contingency spoke to their people about Census 2000. We have touched all the residents of Old Bridge.

Mayor Cannon: Certificates are also presented to: Vipin Shah, Nagjibhai Patel, Hiralal Shah, Navnit Shah, George Vanderbilt, Nancy Rip, Louise Counsel, Jim Petrillo, Patricia Williamson, Romesh Towari, and Rona Rhodes.

Preliminary Public Comments.

Mr. Piovesan: On February 7 young boys and girls addressed the council about the problems they encountered at various parking lots in town. The council asked for the names and the children; they were going to look into it. Three weeks ago Mr. Badcock and I made a presentation to the council with preliminary figures and a recommendation of a proposed site. I was instructed by Mr. Badcock to have the children sign a petition to show that there is interest. I shall submit this to the Clerk. These children want to be assured that this is on the front burner, and that you are definitely looking into this. There is a section of Vets Park which I feel is one of the more ideal site because it addresses problems that we have at the park by adding lighting to unlit areas. The police department will support this by putting a lock box phone directly to the police station in case of an emergency. There will be a park supervisor on duty also. The estimated cost is $100,000 which includes site preparation to lighting and fencing. Mr. Badcock suggests presenting this in two phases. I recommend one complete phase letting the council work it out.

President Maher: We will be considering this in our bonding, and I encourage you to be here on Monday at 7:00 p.m. We are considering a skate "park" not for just skateboarding; we plan to include bikes, roller blades, and skateboards--a multi-purpose facility.

Councilman Testino: What happened to the temporary site?

Mr. Piovesan: Most of the children involved are from the Sayrewoods South area; therefore, I obtained the permission from the Board of Education for the children to use the parking lot at Carpenter School so that they would not be harassed any longer. This is a temporary situation of which the police department is aware. They are asked not to use ramps, but can carry pipes back and forth.

Councilman Testino: I intend to support an introduction of an amendment to add the necessary monies as recommended by your committee. I hope that you will appear next Monday night for the support we need.

Mayor Cannon: We submitted grant proposals ($75,000) to our state legislature. On the list was money for the skate park. We have been successful in the past in receiving these monies. That is not to say that this should not be included in the bond also, but we are covering both bases.

Councilman Redmond: Did I see a request from Mr. Badcock?

President Maher: No.

Councilman Redmond: He instructed you to get petitions, but did not ask for the money?

President Maher: We can add it into the bonding.

Mr. Piovesan: Mr. Badcock submitted a letter.

Mayor Cannon: We had no insurance, nor did we have any hope of getting insurance. We have since found one carrier that will give us insurance, and the premium is high.

President Maher: As a reminder, this portion of the meeting is not for dialogue.

Councilman Hoff: I agree with putting this park within Vets Park.

Councilman Greene: It is important that Mr. Badcock be here next Monday night.

Peter DiLegge: I thank the Mayor and council and the staff at the ice area for the improvements at the arena. I have noticed that there has been a drop off in the number of people who use the area, and the council should inquire why. A rule has been instituted eliminating the use of speed skates.

President Maher: What is the reason for eliminating the use of speed skates? Is this for safety reasons?

Mr. DiLegge: The easiest skate is one that is flat and gives you the most support. That is a speed skate. The most dangerous of all three is the figure skate because of the jagged edge in the front. Hockey skates are used at a public session.

Ms. Shepler: This gentleman has made several erroneous comments. One, this rule has been in effect since the arena has been built. This gentleman wound up in municipal court which had to be removed from the Old Bridge municipal court to South Amboy last year. The gentleman was fined; he disagreed with the judge and he has disagreed with Mr. Badcock's decision that speed skates are dangerous and cannot be used during public session. He has been offered ice time if he cares to pay for it. He does not choose to rent the ice time. I don't know if he has been summonsed this year, but I know that he has had several altercations with the arena supervisor, but I don't know if that is back in court again.

President Maher: I would like administration to request a written report from Mr. Badcock for his reason for banning the use of speed skates.

Councilman Hoff: I have spoken to this gentlemen at great length. To Mr. DiLegge, are you in litigation currently?

Mr. DiLegge: Yes, and I cannot discuss it. The issue is harassment. I would like to answer the three lies that were stated by this lady (Ms. Shepler). She made a statement that litigation was moved to another court. The present litigation will be moved to another court because of a ruling. I did not lose the case of harassment which was never cleared up by the judge, and the harassment has continued. I can make no further statement. There was another statement that was incorrect. I request to see a copy of the minutes.

Michael Stasi: I represent Vincent and Rose Stasi, 1905 Englishtown Road. I am involved in family business on this property. It is a use of the property, and we have been before the zoning board several years ago to get approval from the town for passive recreational use for this property which is 28 acre piece of land that is still undeveloped and wooded. We received approval for paint ball games. The use was taken away so that we had to come before the zoning board with a certified planner to speak on our behalf for this use to continue. In the time that we were approved and actively using the property (no lighting was used, no trees were torn down, no off road vehicles present), if you were to drive by, you would not see the use. I want council comments to see if this use would be allowed under certain restrictions. In the one and one-half years that we were operational, no one complained about the use. The complainant is a major developer who did not like the idea. When this site was originally approved, we were not aware of any complaints. I utilize a portion of that land for landscape and nursery purposes. We are before the zoning board in May. I know that should we be denied again, the chance of going back to superior court is likely because the developer does not like the idea. In the number of months before the board, a neighbor never complained. The use was restricted to Saturday and Sunday.

President Maher: What was the developer's objection to the land use?

Councilman Testino: Perhaps we should not discuss this if it is coming before the zoning board.

Councilman Redmond: Why did it go to superior court instead of coming before us?

Councilman Testino: They made a choice.

Councilman Maher: The developer took this to superior court?

Mr. Stasi: Yes.

Councilman Testino: If this is a pending application, I question the wisdom of our debating this.

Mr. Stasi: I want to know if it was in the mind of the council to think that under certain restrictions of land size, etc., it would be a permissible use. It might not need to go back to the zoning board. When initially we came to the planning board just thinking that this was a recreational use, the comment was if it was permitted, they might not be able to place any restrictions so they and the developer asked that it be sent to the zoning board for their approval. When we did go back and were willing to work with all of their comments (and we thought that we were fitting to a newer and passive use of the property). . .

Councilman Hoff: If you were sent to the zoning board, either the building or zoning department said that you must go before the zoning board so you can have this use. If this is before the zoning board, we have no right to hear it.

President Maher: I defer to Councilman Testino's reaction to this. You have a pending application and will be before the zoning board. We cannot discuss this any longer because potentially this may come before us. I appreciate your coming down and addressing us.

Ernest Schmitz: At the Wednesday night meeting of the local emergency planning committee, it was noted that as a result of the recent fire at London Terrace twenty families were displaced. Of those, only one had tenants' insurance. That left 19 families without the means to recover their household goods. Many tenants are unaware that landlord insurance covers the

building and not the household possessions. Other municipalities such as Irvington have ordinances requiring that at the time of signing a rental agreement, they must also sign a form acknowledging that insurance for their furniture is their responsibility. I suggest that the attorney research such ordinances to find one that would be appropriate for the township council to consider as a means for increasing tenants' awareness. This means of educating tenants will reduce the number of persons unable to replace their household goods in the event of a similar incident. I further suggest that if such an ordinance be adopted, the sign off form be printed in Spanish and English.

President Maher: We will ask your attorney if that is doable.

Councilman Testino: There is a similar ordinance in Irvington.

Seeing no further hands President Maher closed the public portion.

Public comment limited to items listed on the Consent Agenda. Seeing no hands President Maher closed the public portion.

Consent Agenda

No. 156 Memorializing release of performance guarantee - Arpami Properties.

RESOLUTION

BE IT RESOLVED by the Township Council of the Township of Old Bridge, County of Middlesex, New Jersey that:

WHEREAS, the developer for Arpami Properties has requested a release of the performance guarantee; and

WHEREAS, a public hearing was held on February 7, 2000 at which time the Township Engineering Department and the Township Council were heard; and

WHEREAS, the Township Engineer has recommended release of the performance guarantee of Arpami Properties; and

WHEREAS, the Township Engineer recommends release of the performance guarantee as follows:

Performance Bond $126,911.34 (Bond No. 104540)

Cash Deposit 14,101.26

$141,012.60

WHEREAS, release of the performance guarantee will be subject to the developer posting a maintenance bond in the amount of $21,151.89 (15% of $141,012.60) for a period of two (2) years.

NOW, THEREFORE, BE IT RESOLVED by the Township Council of the Township of Old Bridge, County of Middlesex, State of New Jersey, that the performance guarantee be released subject to the developer posting a two (2) year maintenance bond in the amount of $21,151.89 (15% of the original performance guarantee of $141,012.60).

Moved by Councilman Hoff, seconded by Councilman Redmond and so ordered on the following roll call vote:

AYES: Councilmen Greene, Hoff, Redmond, Sohor, President Maher.

NAYS: None.

ABSTAIN: Councilman Testino.

ABSENT: Councilmen Butler, Cucchiara, Councilwoman Marinaccio.

No. 157 Canceling appropriation balance for Lambertson Road in the amount of $2,805.52 and Throckmorton Lane in the amount of $2,233.50 totaling $5,039.02.

RESOLUTION

BE IT RESOLVED by the Township Council of the Township of Old Bridge, County of Middlesex, New Jersey that:

WHEREAS, Lambertson Road and Throckmorton Lane has a remaining outstanding balance; and

WHEREAS, it is necessary to formally cancel the outstanding balances listed below:

Lambertson Road and Throckmorton Lane

Lambertson Road $2,805.52

Throckmorton Road $2,233.50

NOW, THEREFORE, BE IT RESOLVED by the Township Council of the Township of Old Bridge that the above listed appropriations totaling $5,039.02 (Lambertson Road $2,805.52 and Throckmorton Lane $2,233.50) be canceled.

Moved by Councilman Hoff, seconded by Councilman Redmond and so ordered on the following roll call vote:

AYES: Councilmen Greene, Hoff, Redmond, Sohor, President Maher.

NAYS: None.

ABSTAIN: Councilman Testino.

ABSENT: Councilmen Butler, Cucchiara, Councilwoman Marinaccio.

No. 158 Authorizing contract with Middlesex County re 2000 Municipal Alliance Contract.

RESOLUTION

BE IT RESOLVED by the Township Council of the Township of Old Bridge, County of Middlesex, New Jersey that:

the attached agreement between the Township of Old Bridge and the County of Middlesex with regard to the Municipal Alliance is hereby adopted; and

BE IT FURTHER RESOLVED that the Mayor and Township Clerk are hereby authorized to sign any and all documents necessary to effectuate the terms of this agreement as may be approved in form by the Township Attorney.

Moved by Councilman Hoff, seconded by Councilman Redmond and so ordered on the following roll call vote:

AYES: Councilmen Greene, Hoff, Redmond, Sohor, President Maher.

NAYS: None.

ABSTAIN: Councilman Testino.

ABSENT: Councilmen Butler, Cucchiara, Councilwoman Marinaccio.

No. 159 Accepting resignation of Vincent Romeo from the Economic Development Corporation.

RESOLUTION

BE IT RESOLVED by the Township Council of the Township of Old Bridge, County of Middlesex, New Jersey that:

WHEREAS, Dr. Vincent Romeo has served as a member of the Economic Development Corporation; and

WHEREAS, Dr. Vincent Romeo wishes to resign as a member of the Economic Development Corporation.

NOW, THEREFORE, BE IT RESOLVED by the Township Council of the Township of Old Bridge, County of Middlesex, State of New Jersey, that the resignation of Dr. Vincent Romeo as a member of the Economic Development Corporation is hereby accepted.

Moved by Councilman Hoff, seconded by Councilman Redmond and so ordered on the following roll call vote:

AYES: Councilmen Greene, Hoff, Redmond, Sohor, President Maher.

NAYS: None.

ABSTAIN: Councilman Testino.

ABSENT: Councilmen Butler, Cucchiara, Councilwoman Marinaccio.

No. 160 Authorizing an auction on Wednesday, May 17, 2000 at 10:00 A.M.

RESOLUTION

BE IT RESOLVED by the Township Council of the Township of Old Bridge, County of Middlesex, New Jersey that:

WHEREAS, the Township Council of the Township of Old Bridge has determined that the personal property listed as attached is not needed for any public use; and

WHEREAS, the estimated value of the said personal property exceeds the sum of $2500.00; and

WHEREAS, it is in the best interest of the Township to sell the said property at public auction.

NOW, THEREFORE, BE IT RESOLVED by the Township Council of the Township of Old Bridge, County of Middlesex, State of New Jersey, that the notice of the date, time any place of the public sale together with a description of the items to be sold and conditions of sale shall be published in the official newspaper of the Township; such sale shall be held not less than seven (7), nor more than fourteen (14) days after the publication date of the notice of sale; and

BE IT FURTHER RESOLVED that the sale of the said personal property shall be upon the condition that all such property shall be sold in an "as is" condition and the Township shall not give any warranty as to the quality or condition of the property; and

BE IT FURTHER RESOLVED that the Township does hereby reserve the right to reject any and all bids.

Moved by Councilman Hoff, seconded by Councilman Redmond and so ordered on the following roll call vote:

AYES: Councilmen Greene, Hoff, Redmond, Sohor, President Maher.

NAYS: None.

ABSTAIN: Councilman Testino.

ABSENT: Councilmen Butler, Cucchiara, Councilwoman Marinaccio.

No. 161 Authorizing cancellation of a portion of 1999 taxes of 100% disabled veteran for Block 12390, Lot 10.

RESOLUTION

BE IT RESOLVED by the Township Council of the Township of Old Bridge, County of Middlesex, New Jersey that:

WHEREAS, NJSA 54:4-3.30 authorizes an exemption from local property taxation the property of any veteran who has been declared by the United States Veterans Administration to be a total or 100% permanently disabled as of the date of the declaration of same; and

WHEREAS, the surviving spouse of the veteran who is Victor Lodato, who owns and resides at 16 Edinburg Circle since October, 1999, also known as Block 12390 Lot 10, did file for the above-mentioned exemption with the Tax Assessor; and

WHEREAS, the deceased spouse of Victor Lodato was declared a 100% disabled veteran on March 1, 1995, a copy of said declaration being on file with the Tax Assessor.

NOW, THEREFORE, BE IT RESOLVED by the Township Council of the Township of Old Bridge that the Tax Collector be hereby authorized to cancel any and all taxes for the portion of the calendar year 1999 for which he was entitled.

Moved by Councilman Hoff, seconded by Councilman Redmond and so ordered on the following roll call vote:

AYES: Councilmen Greene, Hoff, Redmond, Sohor, President Maher.

NAYS: None.

ABSTAIN: Councilman Testino.

ABSENT: Councilmen Butler, Cucchiara, Councilwoman Marinaccio.

No. 162 Accepting resignation of Georgette Marinaccio from the Economic Development Corporation.

RESOLUTION

BE IT RESOLVED by the Township Council of the Township of Old Bridge, County of Middlesex, New Jersey that:

WHEREAS, Georgette Marinaccio has served as a member of the Economic Development Corporation; and

WHEREAS, Georgette Marinaccio wishes to resign as a member of the Economic Development Corporation.

NOW, THEREFORE, BE IT RESOLVED by the Township Council of the Township of Old Bridge, County of Middlesex, State of New Jersey, that the resignation of Georgette Marinaccio as a member of the Economic Development Corporation is hereby accepted.

Moved by Councilman Hoff, seconded by Councilman Redmond and so ordered on the following roll call vote:

AYES: Councilmen Greene, Hoff, Redmond, Sohor, President Maher.

NAYS: None.

ABSTAIN: Councilman Testino.

ABSENT: Councilmen Butler, Cucchiara, Councilwoman Marinaccio.

No. 163 Authorizing contract for Thomas E. Downs IV, Esq. nunc pro tunc re representation of Police Officer Eugene Holland.

RESOLUTION

BE IT RESOLVED by the Township Council of the Township of Old Bridge, County of Middlesex, New Jersey that:

WHEREAS, the Township of Old Bridge requires the services of special counsel for the purpose of representing Police Officer Eugene Holland of the Old Bridge Police Department in the matter of James Trematerra vs. Police Officer Eugene Holland; and

WHEREAS, Thomas E. Downs, IV, Esq. is a licensed New Jersey attorney and recognized as capable and available to undertake such work.

NOW, THEREFORE, BE IT RESOLVED by the Township Council of the Township of Old Bridge, County of Middlesex, State of New Jersey as follows:

1. A contract for professional services is authorized to be entered into with Thomas E. Downs, IV, Esq. in the usual form.

2. The scope of the work to be performed by Thomas E. Downs, IV, Esq. shall be at the rate of $100.00 per hour from the Township attorney to defend Police Officer Eugene Holland in the above-referenced case (for defense of a police officer in a Municipal Court matter).

3. The financial terms of the contract shall be as follows: The total amount of the contract will not exceed $2,000.00.

4. The term of this contract shall be February 1, 2000 to February 1, 2001. The term may be extended thereafter.

5. This contract is awarded for a term exceeding the current budget year. A certification of availability of funds No. 881 has been received for this contract assuring that there are sufficient funds in the appropriation(s) to fund the purchases anticipated in the current budget year The availability of a sufficient appropriation to fund the purchases authorized in this resolution is an express and mandatory condition of the award of this contract. To the extent this contract contemplates expenditures in future budget years, such amounts are not certified and any expenditure pursuant to this contract is wholly contingent upon the municipal governing body establishing an appropriation from which such future purchases will be paid.

6. This is a contract for professional services and according to New Jersey Public Contract Law, the Township Clerk shall publish a statement of reasons for awarding the contract, to wit: Police officers sued for claims which are not covered by insurance coverage are permitted to select their own counsel. This contract implements the provisions of the PBA/FOP contracts in connection with attorneys selected by the police officers.

This resolution is conditioned upon the following:

A. Formal execution of a contract approved by the Director of Law which is signed by the Mayor and Township Clerk.

B. Issuance of a Certificate of Availability of Funds as aforesaid.

C. Compliance by the vendor with signing the mandatory affirmative action language required by law.

D. Compliance by the Vendor with filing of the Affirmative Action Form AA302 or AA201 or otherwise complying with affirmative action employee information reporting.

No contract shall be considered awarded unless and until the above requirements are executed.

Moved by Councilman Hoff, seconded by Councilman Redmond and so ordered on the following roll call vote:

AYES: Councilmen Greene, Hoff, Redmond, Sohor, President Maher.

NAYS: None.

ABSTAIN: Councilman Testino.

ABSENT: Councilmen Butler, Cucchiara, Councilwoman Marinaccio.

No. 164 Authorizing contract for F. Kevin Lynch, Esq. nunc pro tunc re representation of Police Officer Arthur Carullo.

RESOLUTION

BE IT RESOLVED by the Township Council of the Township of Old Bridge, County of Middlesex, New Jersey that:

WHEREAS, the Township of Old Bridge requires the services of special counsel for the purpose of representing Sergeant Arthur Carullo of the Old Bridge Police Department in the matter of State vs. Sgt. Arthur Carullo; and

WHEREAS, F. Kevin Lynch, Esq. a licensed New Jersey attorney and recognized as capable and available to undertake such work.

NOW, THEREFORE, BE IT RESOLVED by the Township Council of the Township of Old Bridge, County of Middlesex, State of New Jersey as follows:

1. A contract for professional services is authorized to be entered into with F. Kevin Lynch, Esq. in the usual form.

2. The scope of the work to be performed by F. Kevin Lynch, Esq. shall be at the rate of $100.00 per hour from the Township Attorney to defend Sergeant Arthur Carullo in the above referenced case. For defense of a police officer in the Municipal Court matter.

3. The financial terms of the contract shall be as follows: The total amount of the contract will not exceed $2,000.00.

4. The term of this contract shall be February 1, 2000 t February 1, 2001. The term may be extended thereafter.

5. This contract is awarded for a term exceeding the current budget year. A certification of availability of funds No. 882 has been received for this contract assuring that there are sufficient funds in the appropriation(s) to fund the purchases anticipated in the current budget year The availability of a sufficient appropriation to fund the purchases authorized in this resolution is an express and mandatory condition of the award of this contract. To the extent this contract contemplates expenditures in future budget years, such amounts are not certified and any expenditure pursuant to this contract is wholly contingent upon the municipal governing body establishing an appropriation from which such future purchases will be paid.

6. This is a contract for professional services and according to New Jersey Public Contract Law the Township Clerk shall publish a statement of reasons for awarding of the contract, to wit: Police officers sued for claims which are not covered by insurance coverage are permitted to select their own counsel. This contract implements the provisions of the PBA/FOP contracts in connection with attorneys selected by the police officers.

This resolution is conditioned upon the following:

A. Formal execution of a contract approved by the Director of Law which is signed by the Mayor and Township Clerk.

B. Issuance of a Certificate of Availability of Funds as aforesaid.

C. Compliance by the vendor with signing the mandatory affirmative action language required by law.

D. Compliance by the Vendor with filing of the Affirmative Action Form AA302 or AA201 or otherwise complying with affirmative action employee information reporting.

No contract shall be considered awarded unless and until the above requirements are executed.

Moved by Councilman Hoff, seconded by Councilman Redmond and so ordered on the following roll call vote:

AYES: Councilmen Greene, Hoff, Redmond, Sohor, President Maher.

NAYS: None.

ABSTAIN: Councilman Testino.

ABSENT: Councilmen Butler, Cucchiara, Councilwoman Marinaccio.

Ordinance for Second Reading.

TOWNSHIP OF OLD BRIDGE
ORDINANCE NO. 05-00

ORDINANCE AMENDING SECTIONS 7-16 AND 7-17 OF THE CODE OF THE TOWNSHIP OF OLD BRIDGE TO INCREASE KENNEL FEES AND INSTITUTE FEES FOR PET ADOPTION

BE IT ORDAINED by the Township Council of the Township of Old Bridge, County of Middlesex, State of New Jersey, as follows:

Section 1: Purpose

The purpose of this Ordinance is to amend the sections 7-16 and 7-17 of the Code of the Township of Old Bridge in order to increase kennel fees and institute fees for the adoption of animals from the Township of Old Bridge kennel.

Section 2: Amendment

Sections 7-16 and 7-17 of the Code of the Township of Old Bridge are hereby amended by substitution as follows:

7-16 Fees.

Upon receiving any animal in custody brought to the shelter by an owner or person (except an Animal Control Officer, Police Officer or other employee or enforcing agent of the Township of Old Bridge), the following schedule of fees shall apply to the use of the shelter:

a. Redemption of Unsupervised Animals.

1. For the first redemption of any animal housed in the shelter: Twenty-five Dollars ($25.00) plus Eight dollars ($8.00) per day board fee.

2. For the second redemption of any animal housed in the shelter: Fifty Dollars ($50.00) plus Eight dollars ($8.00) per day board fee.

3. For the third redemption of any animal housed in the shelter: One Hundred Dollars ($100.00) plus Eight dollars ($8.00) per day board fee.

4. For redemption of any animal picked up pursuant to an emergency call: Fifty dollars ($50.00) plus administration fees, Eight dollars ($8.00) per day board fee, and applicable redemption fee.

b. Daily boarding charge, per animal per day: Eight dollars ($8.00).

c. For the picking up of any animal at a private place for either the owner or custodian of an animal: Twenty-Five Dollars ($25.00), plus all surrender fees, during normal working hours; Fifty Dollars ($50.00), plus surrender fees, during non-working hours.

d. For receiving unwanted animals brought to the shelter:

1. Kitten less than nine (9) week's old: Ten Dollars ($10.00).

2. Cat ten (10) weeks to six (6) months: Thirty Dollars ($30.00).

3. Cats more than six (6) months: Forty Dollars ($40.00).

4. Small and medium dogs: Fifty Dollars ($50.00).

5. Large dog: Sixty Dollars ($60.00).

6. Extra large dog: Seventy Dollars ($70.00).

7. Huge Dog (100 or more pounds): Eighty Dollars ($80.00).

8. Out of town - space available: One-Hundred Dollars ($100.000).

9. Keep for adoption - space available: Thirty-Five Dollars ($35.00) per week.

e. Special Services.

1. Holding quarantined animals to be returned to owner:

a. Kitten less than nine (9) week's old: Ten Dollars ($10.00) plus Eight Dollars ($8.00) per day board.
b. Cat ten (10) weeks to six (6) months: Thirty Dollars ($30.00) plus Eight Dollars ($8.00) per day board.
c. Cats more than six (6) months: Forty Dollars ($40.00) plus Eight Dollars ($8.00) per day board.
d. Small and medium dogs: Fifty Dollars ($50.00) plus Eight Dollars ($8.00) per day board.
e. Large dog: Sixty Dollars ($60.00) plus Eight Dollars ($8.00) per day board.
f. Extra large dog: Seventy Dollars ($70.00) plus Eight Dollars ($8.00) per day board.
g. Huge Dog (100 or more pounds): Eighty Dollars ($80.00) plus Eight Dollars ($8.00) per day board.

2. Holding quarantined animals for subsequent adoption or euthanasia:

a. Kitten less than nine (9) week's old: Ten Dollars ($10.00) plus appropriate surrender fees.
b. Cats' ten (10) weeks to six (6) months: Thirty Dollars ($30.00) plus appropriate surrender fees.
c. Cats more than six (6) months: Forty Dollars ($40.00) plus appropriate surrender fees.
d. Small and medium dogs: Fifty Dollars ($50.00) plus appropriate surrender fees.
e. Large dog: Sixty Dollars ($60.00) plus appropriate surrender fees.
f. Extra large dog: Seventy Dollars ($70.00) plus appropriate surrender fees.
g. Huge Dog (100 or more pounds): Eighty Dollars ($80.00) plus appropriate surrender fees.

3. Euthanasia and disposal:

a. Kitten: Five Dollars ($5.00).
b. Cat: Fifteen Dollars ($15.00).
c. Small dog: Fifteen Dollars ($15.00).
d. Medium dog: Twenty Dollars ($20.00).
e. Large dog: Twenty-Five Dollars ($25.00).
f. Extra large dog: Thirty Dollars ($30.00).
g. Huge dog: Thirty Dollars ($30.00); disposal of body: Twenty Dollars ($20.00).
h. Tranquilizer, if needed: Fifteen Dollars ($15.00).

4. Transportation of animal head to Trenton for rabies examination: Twenty-Five Dollars ($25.00).

f. Adoption of Animals

1. Mixed Breed Dogs

a. Six weeks to four months old: Forty Dollars ($40.00) plus medical expenses.
b. Five months to one years old: Thirty Dollars ($30.00) plus medical expenses.
c. Over one year old: Twenty Dollars ($20.00) plus medical expenses.

2. Pure Bred Dogs

a. Six weeks to four months old: Sixty Dollars ($60.00) plus medical expenses paid for animal.
b. Five months to one years old: Fifty Dollars ($50.00) plus medical expenses paid for animal.
c. Over one year old: Forty Dollars ($40.00) plus medical expenses paid for animal.

3. Mixed Breed Cats

a. Six weeks to four months old: Twenty-five Dollars ($25.00) plus medical expenses paid for animal.
b. Five months to one years old: Fifteen Dollars ($15.00) plus medical expenses paid for animal.
c. Over one year old: Five Dollars ($5.00) plus medical expenses paid for animal.

4. Pure Bred Cats

a. Six weeks to four months old: Thirty-Five Dollars ($35.00) plus medical expenses paid for animal.
b. Five months to one years old: Twenty-five Dollars ($25.00) plus medical expenses paid for animal.
c. Over one year old: Fifteen Dollars ($15.00) plus medical expenses paid for animal.

7-17 Interpretation

The schedule of fees above shall be defined to mean that a daily boarding charge of Eight Dollars ($8.00) is for a twenty-four-hour period covering 12:00 midnight to 11:59 p.m. Any portion of a day where the animal is in custody for less than one (1) day will be chargeable as a full day. The sum of all applicable fees and expenses for an animal must be paid prior to the release of the animal

Section 3: Inconsistent Ordinances

All ordinances or parts of ordinances inconsistent with or in conflict with this ordinance are hereby repealed to the extent of such inconsistency.

Section 4: Partial Invalidity

If any section, paragraph, clause or provision of this ordinance shall be adjudged invalid, such adjudication shall apply only to the section, paragraph, clause or provision so adjudged and the remainder shall be deemed valid and effective.

Section 5: Effective Date

A. Except as set forth at subparagraphs B and C hereof, this Ordinance shall take effect on the earlier of the following dates: (1) on the date the Mayor affixes his/her signature thereto and returns same to the Municipal Council by delivering it to the Municipal Clerk pursuant to NJSA 40A:69A-41 or (2) on the tenth day following presentment to the Mayor of the Ordinance pursuant to NJSA 40:69A-41 applicable when the Mayor has failed to return the Ordinance; whichever occurs first.

B. If the Mayor vetoes the Ordinance (in the manner set forth at NJSA 40:69A-41), this Ordinance shall become effective upon the Township Council's vote to override the Mayor's veto.

C. Notwithstanding any other provision hereof, this Ordinance shall not take effect less than twenty (20) days after its final passage by the Council and approval by the Mayor, where such approval is required, unless the Council shall have also adopted a resolution declaring an emergency and at least two thirds (2/3) of all the members of the council vote in favor of such resolution.

Moved by Councilman Sohor, seconded by Councilman Testino and so ordered on the following roll call vote:

AYES: Councilmen Greene, Redmond, Sohor, Testino, President Maher.

NAYS: Councilman Hoff.

ABSENT: Councilmen Butler, Cucchiara, Councilwoman Marinaccio.

Prior to the roll call vote the following discussion took place.

Councilman Maher: Does this ordinance increase the pet adoption fee? I thought our job was to find pets homes. I have nothing against our dog warden. I believe that the township can afford the few pennies that you are raising.

Ms. Shepler: These are reasonable fees suggested by the animal control officer and examined and recommended by the police department. We don't have an ordinance setting pet adoption fees. It is traditionally been that in each and every budget of Old Bridge we continue to add more money to this undertaking. Our licensing fees simply do not cover this. Our deficit will probably be in excess of $65,000. To give you an instance of how very inexpensive these fees are: an animal over a year old is only $20 to adopt; five months to a year is $30; six weeks to four months is $40. We ask that you pay the medical expenses incurred. If this is a pure bred animal, we are only adding $20. The most a pure bred puppy would be $60 plus medical expenses. This has been under consideration since 1994 and has the full support of the animal control officers. We wish to encourage the adoption of these animals; however, we don't want residents of other towns looking for "bargains" at the expense of the taxpayers of Old Bridge

Councilman Hoff: I applaud what you are doing, and I think it is fair for the township to be reimbursed for the medical costs. I still don't want you to charge fees to adopt pets and have them put to sleep because no one adopted them. The fee should be adjusted to cover medical expenses.

Mayor Cannon: This is supported by the animal control officers, the police department and the administration. Barbara Brucker was on my program tonight. She feels that this ordinance will be valuable in encouraging people to adopt these pets. Many times when someone gets something for nothing or for a minimal cost, there is no value attached. To encourage people to think twice about what they are about to do and to make a commitment, a small fee ensures a commitment. We want these animals to go to good homes. We have a responsibility to the taxpayers of Old Bridge. We do get reimbursed for the medical costs, but still run a $65,000 deficit. The fee schedule is reasonable and ask that the council implement this. If we see a change in the kennel's operation, we will ask you to look at this again.

President Maher: Will this bring us from a $65,000 deficit to a break even?

Ms. Shepler: No, but a part of my discussion has been responsibility. There have been many times when someone adopts a pet at no charge, only to find that animal tied to a tree.

President Maher: I don't want to get into the human or animal factor. What will our deficit be even though we are increasing the rates.

Ms. Shepler: That will depend on how many dogs and cats we receive on a regular basis. We are listed on the "Pet Find" website.

President Maher: Have you done a business case forecast on what the deficit will be?

Ms. Shepler: We were hoping that after the first year that we could pick up about $20,000 and bring that down over the years.

Councilman Testino: I don't think we should wait for a year for a report. I ask that we receive quarterly or bi-annual reports. We are ready for this, and I will be supporting this.

Councilman Greene: I am in favor of this fee schedule. The township should recoup their expenses. With respect to the section "redemption for unsupervised animals" (if an animal is lose and the animal warden has to capture it and store it), the township should recoup its expenses. Are these new fees or increases in fees?

Ms. Shepler: No, only up to the adoption section where your paperwork says "add new section", that is the only section that is new. All others have been on the books for years and have been raised only $5 per category by the animal control officers.

Councilman Greene: This is a good job, but I would like to see the original ordinance so that I have an idea of what the changes are. As I have reviewed several of these ordinances I find it difficult for me to determine what is being changed. In reviewing legislation what is normally done is to underline new legislation and bracket what is being deleted.

Ms. Shepler: That would be nice; however, we have not gotten that sophisticated.

Councilman Greene: In lieu of that, please give me a copy of the original ordinance.

Ms. Shepler: I will give you a copy of that.

Councilman Redmond: With respect to Item 8 in Section D "Out of town space available- $100", am I to understand that people from out of town can come here and drop their dogs off?

Ms. Shepler: Yes, if there is space available. (To Councilman Greene) I have a copy of that ordinance. On the redemption of fees, it went from $20 to $25; $40 to $50; the third one has always been $100; the daily boarding fee has been changed from $4.00 to $8.00.

Councilman Hoff: The animal control people do a great job, but I am opposed to your discouraging people from adopting pets. I paid $100 shipping for a pedigreed cat, but that was my choice. There are many cats and dogs that are not that attractive. If you raise the price so that it becomes prohibitive for someone to adopt an animal, we will have a lot of animals to dispose of. I oppose the increase in the price.

Councilman Redmond: If an out of town resident wants to adopt a dog, is the price the same?

President Maher: There will be an adoption fee if we pass this ordinance.

President Maher opened a public portion.

Joanne Bruno: I have been in pet care for a long time, and I am in agreement with this ordinance. If you have no value on the animal, it is very disposable. I hope that you pass this ordinance.

Seeing no further hands President Maher closed the public portion.

Ordinance for Second Reading.

Township of Old Bridge
Ordinance No. 06-00

Amending the Land Development Ordinance to Revise Established Guidelines for the Placement of Telecommunication Towers and Antennas

WHEREAS, the Township Council of the Township of Old Bridge, deems it in its best interests of its residents to revise communication towers and antennae to accommodate the communication needs of its residents and businesses while protecting the public health, safety and general welfare of the Township; and

BE IT ORDAINED by the Township Council of the Township of Old Bridge in the County of Middlesex and State of New Jersey, as follows:

Section 1. The Revised General Ordinance shall be amended and supplemented as follows:

Section 2-2. Definitions and Abbreviations - Add the following definitions:

Alternative Tower Structure - mounting structures that camouflage or conceal the presence of antennas or towers.

Backhaul Network - the lines that connect a providers' towers/cell sites to one or more cellular telephone switching offices, and/or long distance providers or the public switched telephone network.

Co-location - the attachment of commercial wireless telecommunication antenna to an existing tower.

Commercial Wireless Telecommunications Services - Licensed commercial wireless telecommunication services including cellular, personal communication services, specialized mobilized radio, enhanced specialized mobilized radio, paging and similar services that are marketed to the general public.

FAA - Federal Aviation Administration

FCC - Federal Communications Commission.

Height - When referring to a tower, the height shall mean the distance measured from the finished grade of the parcel to the highest point on the tower or other structure, including the base pad and any antenna.

Pre-existing Towers and Antennas - Any tower or antenna for which a building permit has been properly issued prior to the effective date of this ordinance including permitted towers or antennas that have not yet been constructed so long as such approval is current and not expired

Structure - "Structure" or "Structures" for the purposes of this Section are defined as "A pre-existing tower including water towers and any other facility or building at least three (3) stories in height that can be used for the co-location of towers and/or antenna(s) without significantly altering the visual appearance of the facility or building".

Telecommunications Antenna - Any structure or device used for the purpose of collecting or transmitting electromagnetic waves, including but not limited to directional antennas, such as panels, microwave dishes, satellite dishes and omni-directional antennas.

Tower- Any ground or roof mounted pole, spire, structure or combination thereof that is designed and constructed primarily for the purpose of supporting one or more antennas for telephone, radio and similar communications purposes, including supporting lines, cables, wires, braces and masts. The term includes radio and television transmission owners, common-carrier towers, cellular telephone towers, alternative tower structures, and the like.

Tower, Multi-User - A tower to which is attached the antennas of more than one commercial wireless telecommunication service provider or governmental entity.

Section 7-5 Telecommunications Towers and Antennas Regulations.

A. Purpose.

The purpose of this ordinance is to establish general guidelines for the placement of wireless communication towers and antennas to accommodate the communication needs of residents and businesses while protecting the public health, safety, and general welfare of the community. The goals of this ordinance are to:

1. Protect residential areas and land uses from potential adverse impacts of the siting of towers and antennas;

2. Facilitate the provision of wireless telecommunication services to the residents and businesses of the township.

3. Require the location of towers in non-residential areas;

4. Minimize the total number of towers throughout the community;

5. Minimize adverse visual effects of towers through careful design and siting standards;

6. Require the joint use of new and existing tower sites (including electric power towers) or predesignated tower properties as sites for new towers or existing buildings or structures as a primary option rather than construction of additional single use towers;

7. Require that such towers are property constructed, maintained and dismantled and that appropriate security is posted to ensure same, and the safety of township residents.

In furtherance of these goals, Old Bridge Township shall give due consideration to the Old Bridge Township Master Plan, Zoning Map, existing land uses, inventory maps of existing towers and structures, and environmentally sensitive areas in approving sites for the location of towers and antennas.

B. Applicability.

1. Existing Structures. When planning to serve an area or to expand services in an area, providers shall utilize existing towers and structures prior to consideration of new sites, unless the Board finds that it is feasible to do so.

2. Pre-existing Towers and Antennas. Pre-existing towers or antennas shall not be required to meet the requirements of this ordinance provided that requirements of Section c.2 and c.3 are met unless they are altered or additional equipment is added to same. When new masts, antennas or other structures are added to a pre-existing height by more than twenty (20) feet, and the location and setback requirements of this shall no apply.

3. New Towers and Antennas. New telecommunications antenna shall be permitted on buildings three (3) stories or more in height and located in non-residential zones, provided that the antenna does not extend more than ten (10) feet above the roof.

C. General Requirements.

1. Co-location; Additional Users.

a. Each applicant for a new telecommunication tower shall prove that the telecommunications equipment planned for the proposed tower cannot be accommodated on an existing or approved tower or building or other structure (e.g. water towers) within a five (5) mile search radius of the proposed tower.

B. Any proposed commercial wireless telecommunication service tower shall be designed, structurally, electrically, and in all respects, to accommodate both the applicant's and comparable antennas. Towers must be designed to allow for future re-arrangement of antennas upon the tower and to accept antennas mounted at varying heights.

2. State or Federal requirements. All towers must meet or exceed current standards and regulations of the FAA, FCC and other agency of the state or federal government with the authority to regulate towers and antennas. If such standards and regulations are changed, then the owners of the towers and antennas governed by this ordinance shall bring such towers and antennas into compliance with such revised standards and regulations, unless not mandated by the controlling state or federal agency, in which case failure to bring towers and antennas into compliance with such revised standards and regulations shall constitute grounds for the removal of the tower or antenna at the owner's expense.

3. Safety Standards/Building Codes. To ensure the structural integrity of towers, the owner of a tower shall ensure that it is maintained in compliance with standards contained in applicable state or local building codes and property maintenance codes and the applicable standards for towers that are published by the Electronic Industries Association, a amended. If upon inspection Old Bridge Township concludes that a tower fails to comply with such codes and standards and constitutes a danger to persons or property, then upon notice being provided to the owner of the tower, the owner shall have thirty (30) days to bring such tower into compliance with such standards. Failure to bring tower into compliance within said thirty (30) days shall constitute grounds for the removal of the tower or antenna at the owner's expense.

4. Tower Setbacks. New towers shall conform with each of the following minimum setback requirements:

a. Towers shall meet the setbacks of the underlying zoning district.
b. Towers located in non-residential districts adjacent to residential districts shall be set back from all residential lot lines by a minimum distance equal to one and one-half times
the height of the tower including all antennas and attachments, or a five hundred foot minimum setback whichever is more.
c. Towers shall not be located between a principal structure and a public street. An improved driveway shall be provided for access to each tower site from the nearest open public street.
d. A tower's setback may be reduced or its location in relation to the public street varied, at the sole discretion of the Board, to allow the integration of a tower into an existing or
proposed structure such as a church steeple, light standard, power line support device, or similar structure.
e. Towers shall meet all buffer and landscaping requirements of the underling zone district.
f. Telecommunications towers or antennas shall not be located on any dwelling.

5. Lot Size . For purposes of determining whether the installation of a tower or antenna complies with district development regulations, including but not limited to setback requirements, lot coverage requirements and other such requirements, the dimensions of the entire lot shall control, even though the antennas or towers may be located on leased parcels within such lots.

6. Landscaping. New towers and accessory buildings shall be landscaped at the base in conformance with township standards.

7. Abandoned Towers. All abandoned or unused towers and associated facilities shall be removed by the applicant or its successors and the tower and any impacted property returned to its original state, within six (6) months of the cessation of operations at the site, unless a time extension is approved by the Board.

D. Additional Submission Requirements. Each submission and/or application for an antenna and/or tower shall include:

1. Inventory of existing sites. For each application for an antenna and/or tower, the applicant shall provide to the Board an inventory of all its existing towers, antennas, sites approved for towers or antennas, and plans for future antennas and towers that are within Old Bridge Township and within five (5) miles of the boarder thereof including specific information about the location, height and design of each tower.

2. Report. A report for a qualified and licensed engineer which includes the following:

a. description of tower height and design including cross-section and elevation;
b. description of tower height and design including cross section and elevation;
c. indicates the height above grade for all potential mounting positions for co-located antennas and the minimum separation distances between antennas;
d. description of the tower's capacity, including the number and type of antennas that it can accommodate;
e. indicates what steps the applicant will take to avoid interference with established public safety telecommunications.

3. Letter of intent. A letter of intent committing the tower owner or lessee and its successors to allow the shared use of the tower if an additional user (2) agrees in writing to meet reasonable terms and conditions for shared use, and that the tower owner or lessee acknowledges and agrees that its successors and/or additional users shall be bound and will conform to the requirements of this ordinance as applicable.

4. Cessation of Use. A copy of the relevant portions of a signed lease which requires the applicant to remove the tower and associated facilities upon cessation of operations at the site shall be submitted at the time of application.

5. Insurance. In the event a tower is sited on Township owned property, the lease between the Township and the tower owner (and its successors) shall provide a certificate of insurance providing coverage of at east one (1) million dollars per occurrence including but not limited to premises and general liability naming the Township of Old Bridge as an additional insured.

6. Hold Harmless. In the event a tower is sited on Township owned property, the lease between the Township and the tower owner and its successors shall indemnify and hold harmless the Township of Old Bridge, its officers, employees, agents and servants, from and against any

and all claim, demands, suits, actions, recoveries, judgments, costs and expanses including attorneys' fees, incurred or suffered on account of property damage or loss and/or personal injury, including loss of life of any person, agency, corporation or governmental entity which shall arise out of the course of or in consequence to any acts or omissions of the Township of Old Bridge, its employees, agents or servants in the performances of the work or failure of the Township of Old Bridge, its employees, agents or servants. This obligation shall not apply in the case of gross negligence or willful malfeasance.

7. Bond Requirement. In the event a tower is sited on Township owned property, the lease between the Township and the applicant shall be required to post a performance and maintenance bond in a sufficient amount to be determined by the Board Engineer to ensure the proper construction and maintenance of the tower.

8. Site Plan Conformance. In addition to the foregoing all applications shall meet the following site plan standards unless preempted by controlling state or federal law.

E. Design Requirements.

Telecommunication towers shall be of a monopole design unless the board determines that an alternative design would better blend into the surrounding environment.

1. Aesthetics. Applicants shall minimize the adverse visual impact and the number of such facilities through proper design, siting, screening, material color and finish for towers, antennas, and accessory buildings. Wherever possible, competing providers shall co-locate antennas and related facilities. At locations where co-location on an existing structure is impractical, the applicant shall use camouflage structures, such as artificial trees, subject to applicable FAA standards and design review by the Board. Where the required height of the tower makes an artificial tree impractical, other camouflage techniques shall be considered. Artificial trees shall be designed to resemble a woody tree with a single trunk and branches on its upper part. They shall be located near existing tree masses to the extent practical.

2. Accessory Utility Buildings. All utility buildings and structures accessory to a tower shall be architecturally designed to blend in with the surrounding environment and shall meet the minimum setback requirements of the underlying zoning district. Ground mounted equipment shall be screened from view by suitable vegetation, except where a design of non-vegetative screening better reflects and complements the architectural character of the surrounding neighborhood. A landscape plan shall be submitted for review of proposed screening.

3. Security. All towers and accessory structures shall be required to provide fencing, landscaping and/or such other barriers as the board may require, such that the tower and accessory structures are secured and inaccessible to private residents and children. For purposes of this chapter, any and all towers shall be deemed an attractive nuisance where adequate security is mot provided as requested herein pursuant to NJSA 2C:33-12.

4. Lighting. Towers shall not be artificially lighted, unless required by the FAA or other applicable authority. If lighting is required, the lighting alternatives and design chosen must cause the least disturbance to the surrounding views.

5. Height. The antenna and any supporting structure shall not exceed 200 feet in height.

6. Lot Coverage. Not more than ten (10) percent of a lot may be devoted to towers, antennas and accessory structures.

7. Signs and Advertising. The use of any portion of a tower for signs or any form of advertising other than warning or equipment information signs (only legible by persons maintaining the facility) is prohibited.

Section 2. Inconsistent Ordinances.

All ordinances or parts of ordinances inconsistent with or in conflict with this ordinance are hereby repealed to the extent of such inconsistency.

Section 3. Partial Invalidity.

Section 4. Effective Date.

A. Except as set forth at subparagraphs B and C hereof, this Ordinance shall take effect on the earlier of the following dates: (1) on the date the Mayor affixes his/her signature thereto and returns same to the Municipal Council by delivering it to the Municipal Clerk pursuant to NJSA 40A:69A-41 or (2) on the tenth day following presentment to the Mayor of the Ordinance pursuant to NJSA 40A:69A-41 applicable when the Mayor has failed to return the Ordinance; whichever occurs first.

B. If the Mayor vetoes the Ordinance (in the manner set f